Proof of Divorce/Is Marriage Legal

My brother passed away this month Chicago IL. He did not have a will. However, he had a 401K and pention plan with the company that he worked for for 22years. He was in the process of divorcing a Woman whom he believed he was married too. However, I don't beleive she divorced her previous husband in Fl before she married my brother. She and my brother were married for less than two months before he began divorce preceding. His divorce would have been final April 4, but he passed away on March 7th. How do I find out? His employer wants proof that the marriage was not leagal. In order to decide who is entitled to his pension (My mother and nephew or his wife if the marriage is legal) I need direction.
Thanks to anyone who can help.

The 401(k) plan and pension will pass to the person named on your brother's beneficiary form. If he named his estate as beneficiary then the question becomes whether your brother had a will or not.

If he has a will (which you say he does not), probate the will and follow its direction to determine who gets what.

If, like you say, he does not have a will then you will follow the State of Illinois' intestacy rules which will set forth how your brother's assets get distributed. Someone will petition the Court for authorization to administer the estate. Like you point out, it is very likely the wife would inherit (at least in part) under the laws of intestacy and whether or not the marriage is legal will be an issue.

I do not know what Illinois' intestacy rules of distribution are.

You need an attorney familiar with the laws of Illinois on this issue to help you.

Good luck.

[This message has been edited by Whaleman72 (edited March 28, 2000).]

The key to whether your brother's "wife" will take anything depends on whether her Fla divorce was final BEFORE she married your brother. If it was not, then the IL marriage is void because a person cannot marry another while they are married. Therefore, I suggest you investigate into the date that the Fla divorce was final.

Unfortunately, the pending IL divorce does not, in itself, affect her rights. A spouse is still a spouse until divorce is final.

If the marriage is declared void, then under IL intestacy laws, siblings and parents share the estate (assuming no children of deceased). To accomplish this, you would need to petition the court for probate.

I work at an attorney's office in Palatine, Illinois that concentrates solely in estate planning and probate law (I just graduated law school and am awaiting my bar results). If you need an IL attorney to represent your rights as a beneficiary, or to represent you as personal representative of your brother's estate, feel free to inquire further to me at [email protected].

Good luck.